Palm Beach Gardens Work Injury Lawyer
You go to work every day and you never expect to become involved in a serious accident while there. Unfortunately, workplace accidents are very common and result in serious injuries that incur high medical bills, lost income, and more. As you watch the bills pile up and cannot return to work, you may wonder how you are going to pay for them and your other losses. Below, our Palm Beach Gardens work injury lawyer explains the legal options you have after being injured.
Most people involved in a workplace accident are eligible to file a claim for workers’ compensation. As in all other states, the workers’ compensation system in Florida is no-fault. This means that even if you caused or contributed to the accident, you can still obtain workers’ compensation benefits. However, the workers’ compensation system does bar you from filing a lawsuit against your employer.
Through a workers’ compensation claim, you can obtain benefits for all of your reasonable medical expenses. Generally speaking, you must see the doctor your employer’s insurance company chooses. You can also obtain two-thirds of your average weekly wages through the workers’ compensation system. To obtain these benefits, you must prove that you sustained your injuries while performing the duties within the scope of your employment.
Filing a Personal Injury Claim After a Workplace Accident
While the majority of workplace injuries are compensated through the workers’ compensation system, there are times when you can file a personal injury claim against the negligent party. To be eligible for this, the negligent or careless party must not be connected to your employer. For example, if you were injured due to a co-worker’s actions, you could not file a personal injury claim against them because your employer is also theirs. On the other hand, if you were injured due to a defective piece of equipment, you could file a personal injury claim against the manufacturer because they are not connected to your employer.
Unlike the workers’ compensation system, you must prove fault when filing a personal injury claim. You must show that the defendant owed you a duty of care, that they breached that duty by acting negligently, and that you sustained injuries as a result. If you are successful with your claim, you can obtain more compensation than what is available through a workers’ comp case. For instance, you can pursue damages for pain and suffering and other non-economic losses, which are not available in workers’ compensation claims.
Our Work Injury Lawyer in Palm Beach Gardens Can Advise You of Your Legal Options
It is not always easy to determine which type of compensation you are eligible for after a workplace accident. At Smith, Ball, Baez & Prather, our Palm Beach Gardens work injury lawyer can review the facts of your case, determine which legal avenue is right for you, and help you through whichever process is most appropriate. Call or text us now at 561-500-HELP or chat with us online to schedule a free review of your case and to learn more about your legal options.